Southampton City Council Council Tax Reduction Scheme 2016 This Council Tax Reduction Scheme is made by Southampton City Council in accordance with the requirements of section 13A of the Local Government Finance Act 1992 (as substituted by section 10 of the Local Government Finance Act 2012).
CONTENTS 1. Introduction PART 1 Introduction 2. Interpretation PART 2 Interpretation 3. Application of scheme: pensioners and persons who are not pensioners 4. Meaning of couple 5. Polygamous marriages 6. Meaning of family 7. Circumstances in which a person is to be treated as responsible or not responsible for another 8. Households 9. Non-dependants 10. Remunerative work PART 3 Procedural matters 11. Procedure for reduction applications and appeals against reduction decisions PART 4 Classes of person entitled to a reduction under this scheme 12. Classes of person entitled to a reduction under this scheme 13. Class A: pensioners whose income is no greater than the applicable amount 14. Class B: pensioners whose income is greater than the applicable amount 15. Class C: alternative maximum council tax reduction pensioners 16. Class D: persons who are not pensioners whose income is no greater than the applicable amount 17. Class E: persons who are not pensioners whose income is greater than the applicable amount 18. Class F: alternative maximum council tax reduction persons who are not pensioners 19. Periods of absence from a dwelling PART 5 Classes of person excluded from this scheme 20. Classes of person excluded from this scheme 21. Class of person excluded from this scheme: persons treated as not being in Great Britain 22. Class of person excluded from this scheme: persons subject to immigration control 23. Class of person excluded from this scheme: capital limit 24. Class of person excluded from this scheme: students 2
25. Applicable amounts: pensioners PART 6 Applicable amounts 26. Applicable amounts: persons who are not pensioners 27. Polygamous marriages: persons who are not pensioners 28. Applicable amount: persons who are not pensioners who have an award of universal credit PART 7 Maximum council tax reduction for the purposes of calculating eligibility for a reduction under this scheme and amount of reduction 29. Maximum council tax reduction amount under this scheme: pensioners and persons who are not pensioners 30. Non-dependant deductions: pensioners and persons who are not pensioners PART 8 Alternative maximum council tax reduction for the purposes of calculating eligibility for a reduction under this scheme and amount of reduction 31. Alternative maximum council tax reduction under this scheme: pensioners and persons who are not pensioners PART 9 Amount of reduction under this scheme 32. Amount of reduction under this scheme: Classes A to F PART 10 Income and capital for the purposes of calculating eligibility for a reduction under this scheme and amount of reduction CHAPTER 1 Income and capital: general 33. Calculation of income and capital: applicant s family and polygamous marriages 34. Circumstances in which income and capital of non-dependant is to be treated as applicant s CHAPTER 2 Income and capital: pensioners in receipt of guarantee credit or savings credit 35. Applicant in receipt of guarantee credit: pensioners 36. Calculation of applicant s income and capital in savings credit only cases: pensioners CHAPTER 3 Income and capital where there is an award of universal credit 37. Calculation of income and capital: persons who are not pensioners who have an award of universal credit CHAPTER 4 Income: other pensioners 38. Calculation of income and capital where state pension credit is not payable: pensioners 39. Meaning of income : pensioners 3
40. Calculation of weekly income: pensioners 41. Earnings of employed earners: pensioners 42. Calculation of net earnings of employed earners: pensioners 43. Calculation of earnings of self-employed earners: pensioners 44. Earnings of self-employers earners: pensioners 45. Notional income: pensioners 46. Income paid to third parties: pensioners CHAPTER 5 Income: persons who are not pensioners 47. Average weekly earnings of employed earners: persons who are not pensioners 48. Average weekly earnings of self-employed earners: persons who are not pensioners 49. Average weekly income other than earnings: persons who are not pensioners 50. Calculation of weekly income of employed earners: persons who are not pensioners 51. Earnings of employed earners: persons who are not pensioners 52. Calculation of net earnings of employed earners: persons who are not pensioners 53. Earnings of self-employed earners: persons who are not pensioners 54. Calculation of income other than earnings: persons who are not pensioners 55. Capital treated as income: persons who are not pensioners 56. Notional income: persons who are not pensioners CHAPTER 6 Income: further provisions applying to pensioners and persons who are not pensioners 57. Calculation of income on a weekly basis 58. Treatment of child care charges 59. Calculation of average weekly income from tax credits 60. Disregard of changes in tax, contributions etc. 61. Calculation of net profit of self-employed earners 62. Calculation of deduction of tax and contributions of self-employed earners CHAPTER 7 Capital 63. Calculation of capital 64. Income treated as capital: persons who are not pensioners 65. Calculation of capital in the United Kingdom 66. Calculation of capital outside the United Kingdom 67. Notional capital 68. Diminishing notional capital rule: pensioners 69. Diminishing notional capital rule: persons who are not pensioners 70. Capital jointly held 71. Calculation of tariff income from capital: pensioners 72. Calculation of tariff income from capital: persons who are not pensioners 4
PART 11 Students CHAPTER 1 General 73. Interpretation 74. Treatment of Students 75. Students who are excluded from entitlement to a reduction under this scheme CHAPTER 2 Income 76. Calculation of grant income 77. Calculation of covenant income where a contribution is assessed 78. Covenant income where no grant income or no contribution is assessed 79. Relationship with amounts to be disregarded under Schedule 8 80. Other amounts to be disregarded 81. Treatment of student loans 82. Treatment of payments from access funds 83. Disregard of contribution 84. Further disregard of student s income 85. Income treated as capital 86. Disregard of changes occurring during summer vacation 87. Extended reductions: pensioners PART 12 Extended reductions CHAPTER 1 Extended reductions: pensioners 88. Extended reductions (qualifying contributory benefits): pensioners 89. Duration of extended reduction period (qualifying contributory benefits): pensioners 90. Amount of extended reduction (qualifying contributory benefits): pensioners 91. Extended reductions (qualifying contributory benefits) movers: pensioners 92. Relationship between extended reduction (qualifying contributory benefits) and entitlement to a reduction by virtue of classes A to C 93. Continuing reductions where state pension credit claimed: pensioners CHAPTER 2 Extended reductions: persons who are not pensioners 94. Extended reductions: persons who are not pensioners 95. Extended reductions: persons who are not pensioners 96. Duration of extended reduction period: persons who are not pensioners 97. Amount of extended reduction: persons who are not pensioners 98. Extended reductions movers: persons who are not pensioners 99. Relationship between extended reduction and entitlement to a reduction by virtue of classes D to F 100. Extended reductions (qualifying contributory benefits): persons who are not pensioners 5
101. Duration of extended reduction period (qualifying contributory benefits): persons who are not pensioners 102. Amount of extended reduction (qualifying contributory benefits): persons who are not pensioners 103. Extended reductions (qualifying contributory benefits) movers: persons who are not pensioners 104.. Relationship between extended reduction (qualifying contributory benefits) and entitlement to reduction by virtue of classes D to F CHAPTER 3 Extended reductions: movers in the authority s area 105. Extended reductions: applicant moving into the authority s area PART 13 When entitlement begins and change of circumstances 106.. Date on which entitlement begins 107.. Date on which change of circumstances is to take effect 108. Change of circumstances where state pension credit in payment PART 14 Applications (including duties to notify authority of change of circumstances) 109.. Making an application 110.. Date on which an application is made 111.. Back-dating of applications: pensioners 112.. Back-dating of applications: persons who are not pensioners 113.. Information and evidence 114.. Amendment and withdrawal of application 115.. Duty to notify changes of circumstances 116. Decision by authority 117. Notification of decision PART 15 Decisions by authority PART 16 Circumstances in which a payment may be made 118.. Payment where there is joint and several liability Schedules Schedule 1 Procedural matters Schedule 2 Applicable amounts: pensioners Schedule 3 Applicable amounts: persons who are not pensioners Schedule 4 Amount of alternative maximum council tax reduction: pensioners and persons who are not pensioners 6
Schedule 5 Sums disregarded from applicant s earnings: pensioners Schedule 6 Amounts to be disregarded in the calculation of income other than earnings: pensioners Schedule 7 Sums disregarded in the calculation of earnings: persons who are not pensioners Schedule 8 Sums disregarded in the calculation of income other than earnings: persons who are not pensioners Schedule 9 Capital disregards: pensioners Schedule 10 Capital disregards: persons who are not pensioners 7
PART 1 Introduction Introduction 1. This scheme relates to the financial years beginning with 1st April 2016 and may be cited as the Southampton Council Tax Reduction Scheme 2016. PART 2 Interpretation Interpretation 2. (1) In this scheme the 1992 Act means the Local Government Finance Act 1992; Abbeyfield Home means an establishment run by the Abbeyfield Society including all bodies corporate or unincorporated which are affiliated to that society; adoption leave means a period of absence from work on ordinary or additional adoption leave by virtue of section 75A or 75B of the Employment Rights Act 1996( a ); an AFIP means an armed forces independence payment payable in accordance with an armed and reserve forces compensation scheme established under section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004( b ); alternative maximum council tax reduction means the amount determined in accordance with paragraph 31 and Schedule 4; applicable amount means (a) in relation to a pensioner, the amount calculated in accordance with paragraph 25 and Schedule 2, and (b) ) in relation to a person who is not a pensioner, the amount calculated in accordance with (i) paragraph 26 and Schedule 3; or (ii) paragraph 28, as the case may be; applicant means a person who has made an application; application means an application for a reduction under this scheme; assessment period means (a) in relation to pensioners (i) in relation to the earnings of a self-employed earner, the period determined in accordance with paragraph 43 for the purpose of calculating the weekly earnings of the applicant; or (ii) in relation to any other income, the period determined in accordance with paragraph 40 for the purpose of calculating the weekly income of the applicant; a 1996 c.18. Sections 75A and 75B were inserted by section 3 of the Employment Act 2002 (c.22) and amended by the Work and Families Act 2006 (c.18), Schedule 1, paragraphs 33 and 34. b 2004 c.32. 8
(b) ) in relation to persons who are not pensioners, such period as is set out in paragraphs 47 to 49 over which income falls to be calculated; attendance allowance means (a) an attendance allowance under Part 3 of the SSCBA( a ); (b) ) an increase of disablement pension under section 104 or 105 of that Act; (c) a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983( b ) or any analogous payment; or (d) ) any payment based on need for attendance which is paid as part of a war disablement pension; the authority means Southampton City Council; basic rate has the meaning given by the Income Tax Act 2007( c ); the benefit Acts means the SSCBA, the Jobseekers Act 1995( d ), the State Pension Credit Act 2002( e ) and the Welfare Reform Act 2007( f ); board and lodging accommodation means accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of his family) and are consumed in that accommodation or associated premises; care home has the meaning given by section 3 of the Care Standards Act 2000( g ) and in Scotland means a care home service within the meaning given by section 2(3) of the Regulation of Care (Scotland) Act 2001( h ) and in Northern Ireland means a nursing home within the meaning of Article 11 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003( i ) or a residential care home within the meaning of Article 10 of that Order; the Caxton Foundation means the charitable trust of that name established on 28th March 2011 out of funds provided by the Secretary of State for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions; child means a person under the age of 16; child benefit has the meaning given by section 141 of the SSCBA( j ); child tax credit means a child tax credit under section 8 of the Tax Credits Act 2002( k ); close relative means a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, or if any of the preceding persons is one member of a couple, the other member of that couple; concessionary payment means a payment made under arrangements made by the Secretary of State with the consent of the Treasury which is charged either to the National Insurance Fund or to a Departmental Expenditure Vote to which payments of benefit or tax credits under the benefit Acts or the Tax Credits Act 2002( l ) are charged; a 1992 c.4. See sections 64 to 67 of that Act in relation to attendance allowance; relevant amendments are referenced elsewhere in these Regulations. b S.I. 1983/686; relevant amending instruments are S.I. 1984/1675, 2001/420. c 2007 c.3. Section 989 defines basic rate by reference to section 6(2) of that Act. Section 6(2) was amended by section 5 of the Finance Act 2008 (c.9) and section 6 of, and paragraphs 1 and 2 of Schedule 2 to, the Finance Act 2009 (c.10). d 1995 c.18. e 2002 c.16. f 2007 c.5. g 2000 c.14. Section 3 was amended by paragraphs 1 and 4 of Schedule 5 to the Health and Social Care Act 2008 (c.14). h 2001 asp 8. i S.I. 2003/431 (N.I. 9). j Section 141 was amended by section 1 of the Child Benefit Act 2005 (c.6). k 2002 c.21; section 8 is repealed by the Welfare Reform Act 2012 (c.5), Schedule 14, Part 1 (not yet in force). l 2002 c.21. 9
contributory employment and support allowance means an allowance under Part 1 of the Welfare Reform Act 2007( a ) as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the Welfare Reform Act 2012( b ) that remove references to an income-related allowance and a contributory allowance under Part 1 of the Welfare Reform Act 2007 as that Part has effect apart from those provisions; council tax benefit means council tax benefit under Part 7 of the SSCBA; couple has the meaning given by paragraph 4; designated office means the office of the authority designated by it for the receipt of applications (a) by notice upon or with a form supplied by it for the purpose of making an application; or (b) by reference upon or with such a form to some other document available from it and sent by electronic means or otherwise on application and without charge; or (c) by any combination of the provisions set out in paragraphs (a) and (b); disability living allowance means a disability living allowance under section 71 of the SSCBA( c ); earnings has the meaning given by paragraph 41, 44, 51 or 53 as the case may be; the Eileen Trust means the charitable trust of that name established on 29th March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions; electronic communication has the same meaning as in section 15(1) of the Electronic Communications Act 2000( d ); employed earner is to be construed in accordance with section 2(1)(a) of the SSCBA( e ) and also includes a person who is in receipt of a payment which is payable under any enactment having effect in Northern Ireland and which corresponds to statutory sick pay or statutory maternity pay; the Employment, Skills and Enterprise Scheme means a scheme under section 17A (schemes for assisting persons to obtain employment: work for your benefit schemes etc.) of the Jobseekers Act 1995( f ) known by that name and provided pursuant to arrangements made by the Secretary of State that is designed to assist claimants for job-seekers allowance to obtain employment, including self-employment, and which may include for any individual work-related activity (including work experience or job search); employment zone means an area within Great Britain designated for the purposes of section 60 of the Welfare Reform and Pensions Act 1999( g ) and an employment zone programme means a programme established for such an area or areas designed to assist claimants for a jobseeker s allowance to obtain sustainable employment; enactment includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament or the National Assembly for Wales; extended reduction means a reduction under this scheme for which a person is eligible under Part 12 (extended reductions); extended reduction period means the period for which a person is in receipt of an extended reduction in accordance with paragraph 89, 96 or 101; extended reduction (qualifying contributory benefits) means a reduction under this scheme for which a person is eligible in accordance with paragraph 88 or 95; a 2007 c.5. b 2012 c. 5. c 1992 c.4. Section 71 was amended by section 67(1) of the Welfare Reform and Pensions Act 1999 (c.30) and repealed by section 90 of the Welfare Reform Act 2012 (not yet in force). d 2002 c.7; that definition was amended by the Communications Act 2003 (c.21), Schedule 17, paragraph 158. e Section 2(1)(a) was amended by the Income Tax (Earnings and Pensions) Act 2003, Schedule 6, paragraphs 169 and 171 (c.1). f Section 17A was inserted by the Welfare Reform Act 2009 (c.24), section 1 and amended by the Welfare Reform Act 2012 (c.5), Schedule 7, paragraphs 1 and 4, and Schedule 14, Parts 1 and 3 (not yet in force). The section is repealed by Part 4 of Schedule 14 to that Act (not yet in force). g 1999 c.30. 10
family has the meaning given by paragraph 6; the Fund means moneys made available from time to time by the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by him on 24th April 1992 or, in Scotland, on 10th April 1992; guarantee credit is to be construed in accordance with sections 1 and 2 of the State Pension Credit Act 2002; a guaranteed income payment means a payment made under article 15(1)(c) (injury benefits) or 29(1)(a) (death benefits) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011( a ); housing benefit means housing benefit under Part 7 of the SSCBA; an income-based jobseeker s allowance and a joint-claim jobseeker s allowance have the meanings given by section 1(4) of the Jobseekers Act 1995( b ); income-related employment and support allowance means an income-related allowance under Part 1 of the Welfare Reform Act 2007; independent hospital (a) in England means a hospital as defined by section 275 of the National Health Service Act 2006( c ) that is not a health service hospital as defined by that section; (b) ) in Wales has the meaning given by section 2 of the Care Standards Act 2000( d ); and (c) in Scotland means an independent health care service as defined by section 10F of the National Health Service (Scotland) Act 1978( e ); the Independent Living Fund (2006) means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part; invalid carriage or other vehicle means a vehicle propelled by a petrol engine or by electric power supplied for use on the road and to be controlled by the occupant; the London Bombings Relief Charitable Fund means the company limited by guarantee (number 5505072), and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005; lone parent means a person who has no partner and who is responsible for and a member of the same household as a child or young person; the Macfarlane (Special Payments) Trust means the trust of that name, established on 29 th January 1990 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia; the Macfarlane (Special Payments) (No. 2) Trust means the trust of that name, established on 3rd May 1991 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia and other beneficiaries; the Macfarlane Trust means the charitable trust, established partly out of funds provided by the Secretary of State to the Haemophilia Society, for the relief of poverty or distress among those suffering from haemophilia; a S.I. 2011/517. b 1995 c.18. Section 1(4) was amended by the Welfare Reform and Pensions Act 1999, Schedule 7, paragraphs 1 and 2(1) and (4); the Civil Partnership Act 2004 (c33); section 4 of the Welfare Reform Act 2009 (c.24), and is repealed by the Welfare Reform Act 2012, Schedule 14, Part 1 (not yet in force). c 2006 c.41. The definition of health service hospital has been amended by the Health and Social Care Act 2012 (c.7), Schedule 4, paragraph 138 (not yet in force). d 2000 c.14; section 2 was amended by the Health and Social Care Act 2008 (c.14), Schedule 5, paragraphs 1 and 3. e 1978 c.29; section 10F was inserted by section 108 of the Public Services Reform (Scotland) Act 2010 (asp 8). 11
main phase employment and support allowance means an employment and support allowance where the calculation of the amount payable in respect of the applicant includes a component under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act 2007( a ) except in Part 1 of Schedule 3; maternity leave means a period during which a woman is absent from work because she is pregnant or has given birth to a child, and at the end of which she has a right to return to work either under the terms of her contract of employment or under Part 8 of the Employment Rights Act 1996( b ); maximum council tax reduction amount means the amount determined in accordance with paragraph 29; member of a couple means a member of a married or unmarried couple; MFET Limited means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products; mobility supplement means (a) in relation to pensioners, a supplement to which paragraph 5(1)(a)(vii) of Schedule 5 refers; (b) in relation to persons who are not pensioners, a supplement to which paragraph 13 of Schedule 8 refers; mover means an applicant who changes the dwelling in which the applicant is resident, and in respect of which the applicant is liable to pay council tax, from a dwelling in the area of the authority to a dwelling in the area of a second authority; net earnings means such earnings as are calculated in accordance with paragraph 42 or 52, as the case may be; net profit means such profit as is calculated in accordance with paragraph 61; new dwelling means, for the purposes of the definition of second authority and paragraphs 91, 98 and 103, the dwelling to which an applicant has moved, or is about to move, in which the applicant will be resident; non-dependant has the meaning given by paragraph 9; occasional assistance means any payment or provision made by a local authority, the Welsh Ministers or the Scottish Ministers for the purposes of (a) meeting, or helping to meet an immediate short-term need (i) arising out of an exceptional event or exceptional circumstances, or (ii) that needs to be met to avoid a risk to the well-being of an individual, and (b) enabling qualifying individuals to establish or maintain a settled home, and (i) local authority has the meaning given by section 270(1) of the Local Government Act 1972( c ); and (ii) qualifying individuals means individuals who have been, or without the assistance might otherwise be (aa) in prison, hospital, an establishment providing residential care or other institution, or (bb) homeless or otherwise living an unsettled way of life; and local authority means a local authority in England within the meaning of the Local Government Act 1972( d ); a Section 2(1)(b) is amended by the Welfare Reform Act 2012, Schedule 23, paragraph 24 (not yet in force); section 4 is repealed by Part 1 of Schedule 14 to that Act (not yet in force). b 1996 c.18. c 1972 c. 70. The definition of local authority was amended by section 102 of, and paragraph 8 of Schedule 16 and Schedule 17 to, the Local Government Act 1985. Other amendments have been made to that definition but they are not relevant to these Regulations. d 1972 c.70. See section 270(1) of that Act for the definition of local authority ; a relevant amendment was made to that definition by the Local Government Act 1985 (c.51), Schedule 17. 12
occupational pension means any pension or other periodical payment under an occupational pension scheme but does not include any discretionary payment out of a fund established for relieving hardship in particular cases; occupational pension scheme has the same meaning as in section 1 of the Pension Schemes Act 1993( a ); partner, in relation to a person, means (a) where that person is a member of a couple, the other member of that couple; (b) subject to paragraph (c), where that person is polygamously married to two or more members of his household, any such member to whom he is married; or (c) where that person is polygamously married and has an award of universal credit with the other party to the earliest marriage that still subsists, that other party to the earliest marriage; paternity leave means a period of absence from work on ordinary paternity leave by virtue of section 80A or 80B of the Employment Rights Act 1996 or on additional paternity leave by virtue of section 80AA or 80BB of that Act( b ); pension fund holder means with respect to a personal pension scheme or an occupational pension scheme, the trustees, managers or scheme administrators, as the case may be, of the scheme concerned; pensionable age has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995( c ); pensioner has the meaning given by paragraph 3(2)(a); person on income support means a person in receipt of income support; person treated as not being in Great Britain has the meaning given by paragraph 21; person who is not a pensioner has the meaning given by paragraph 3(2)(b); personal independence payment has the meaning given by Part 4 of the Welfare Reform Act 2012( d ); personal pension scheme means (a) a personal pension scheme as defined by section 1 of the Pension Schemes Act 1993( e ); (b) an annuity contract or trust scheme approved under section 620 or 621 of the Income and Corporation Taxes Act 1988( f ) or a substituted contract within the meaning of section 622(3) of that Act which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(f) of Schedule 36 to the Finance Act 2004( g ); (c) a personal pension scheme approved under Chapter 4 of Part 14 of the Income and Corporation Taxes Act 1988 which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(g) of Schedule 36 to the Finance Act 2004; policy of life insurance means any instrument by which the payment of money is assured on death (except death by accident only) or the happening of any contingency dependent on human life, or any instrument evidencing a contract which is subject to payment of premiums for a term dependent on human life; a 1993 c.48. The definition of occupational pension scheme was substituted by section 239 of the Pensions Act 2004 (c.35) and amended by S.I. 2007/3014. b 1996 c. 18; sections 80A and 80B were inserted by section 1 of the Employment Act 2002 (c. 22) and sections 80AA and 80BB were inserted by section 3 of the Work and Families Act 2006 (c. 18). Relevant regulations made under these sections are S.I. 2002/2788 and S.I. 2003/921 (made under sections 80A and 80B) and S.I. 2010/1055 and S.I. 2010/1059 (made under sections 80AA and 80BB). c 1995 c.26; paragraph 1 has been amended by the State Pension Credit Act 2002 (c.16), Schedule 2, paragraph 39; the Welfare Reform Act 2007, Schedule 3, paragraph 13; the Pensions Act 2007 (c.22), Schedule 3, paragraph 4; and section 1 of the Pensions Act 2011 (c.19). d 2012 c.5. e 1993 c.48; the definition of personal pension scheme was substituted by section 239 of the Pensions Act 2004 (c.35) and amended by the Finance Act 2007 (c.11), Schedule 20, paragraph 23 and Schedule 27, Part 3. f 1988 c.1. g 2004 c.12. 13
polygamous marriage means any marriage to which paragraph 5 applies; qualifying age for state pension credit means (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act 2002( a )) (a) in the case of a woman, pensionable age; or (b) in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man; qualifying contributory benefit means (a) severe disablement allowance; (b) ) incapacity benefit; (c) contributory employment and support allowance; qualifying income-related benefit means (a) income support; (b) ) income-based jobseeker s allowance; (c) income-related employment and support allowance; qualifying person means a person in respect of whom payment has been made from the Fund, the Eileen Trust, MFET Limited, the Skipton Fund, the Caxton Foundation or the London Bombings Relief Charitable Fund; reduction week means a period of seven consecutive days beginning with a Monday and ending with a Sunday; relative means a close relative, grandparent, grandchild, uncle, aunt, nephew or niece; relevant week, in relation to any particular day, means the week within which the day in question falls; remunerative work has the meaning given by paragraph 10; rent means eligible rent to which regulation 12 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006( b ) refer, less any deductions in respect of nondependants which fall to be made under paragraph 30 (nondependent deductions); savings credit is to be construed in accordance with sections 1 and 3 of the State Pension Credit Act 2002( c ); second authority means the authority to which a mover is liable to make payments for the new dwelling; self-employed earner is to be construed in accordance with section 2(1)(b) of the SSCBA; self-employment route means assistance in pursuing self-employed earner s employment whilst participating in (a) an employment zone programme; (b) a programme provided by or under arrangements made pursuant to section 2 of the Employment and Training Act 1973( d ) (functions of the Secretary of State) or section 2 of the Enterprise and New Towns (Scotland) Act 1990( e ) (functions in relation to training for employment, etc.); or (c) the Employment, Skills and Enterprise Scheme; single applicant means an applicant who neither has a partner nor is a lone parent; the Skipton Fund means the ex-gratia payment scheme administered by the Skipton Fund Limited, incorporated on 25th March 2004, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with the scheme s provisions; a 2002 c.16. b S.I. 2006/214; amended by S.I. 2007/1356, 2007/2869. c 2002 c.16. Section 3 was amended by the Civil Partnership Act 2004 (c.33), Schedule 24, paragraph 140 and S.I. 2002/1792. d 1973 c.50. Section 2 was substituted by section 25(1) of the Employment Act 1988 (c.19) and repealed in part by the Employment Act 1989 (c.38), Schedule 7, Part 1. e 1990 c.35. 14
sports award means an award made by one of the Sports Councils named in section 23(2) of the National Lottery etc. Act 1993( a ) out of sums allocated to it for distribution under that section; the SSCBA means the Social Security Contributions and Benefits Act 1992( b ); state pension credit means state pension credit under the State Pension Credit Act 2002( c ); student has the meaning given by paragraph 73; tax year means a period beginning with 6th April in one year and ending with 5th April in the next; training allowance means an allowance (whether by way of periodical grants or otherwise) payable (a) out of public funds by a Government department or by or on behalf of the Secretary of State, Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise, the Chief Executive of Skills Funding or the Welsh Ministers; (b) to a person for his maintenance or in respect of a member of his family; and (c) for the period, or part of the period, during which he is following a course of training or instruction provided by, or in pursuance of arrangements made with, that department or approved by that department in relation to him or so provided or approved by or on behalf of the Secretary of State, Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise or the Welsh Ministers, but it does not include an allowance paid by any Government department to or in respect of a person by reason of the fact that he is following a course of full-time education, other than under arrangements made under section 2 of the Employment and Training Act 1973( d ), or is training as a teacher; the Trusts (except where the context otherwise requires) means the Macfarlane Trust, the Macfarlane (Special Payments) Trust and the Macfarla7ne (Special Payments) (No. 2) Trust and Trustees is to be construed accordingly; universal credit has the meaning given by section 1 of the Welfare Reform Act 2012( e ); voluntary organisation means a body, other than a public or local authority, the activities of which are carried on otherwise than for profit; war disablement pension means any retired pay or pension or allowance payable in respect of disablement under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003( f ); war pension means a war disablement pension, a war widow s pension or a war widower s pension; War Pensioner means a person in receipt of any of the payments specified at parargraph 20 of Schedule 8; war widow s pension means any pension or allowance payable to a woman as a widow under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person; war widower s pension means any pension or allowance payable to a man as a widower or to a surviving civil partner under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person; water charges means (a) as respects England and Wales, any water and sewerage charges under Chapter 1 of Part 5 of the Water Industry Act 1991( g ), a 1993 c.39; subsection (2) was amended by S.I. 1996/3095, 1999/1663. b 1992 c.4. c 2002 c.16. d 1973 c.50; section 2 was substituted by the Employment Act 1988 (c.19), section 25 and amended by the Employment Act 1989 (c.38), Schedule 7, Part 1. e 2012 c.5. f 2003 c.1; subsection (2) was inserted by the Finance Act 2005 (c.7), section 19. g 1991 c.56. 15
(b) as respects Scotland, any water and sewerage charges established by Scottish Water under a charges scheme made under section 29A of the Water Industry (Scotland) Act 2002( a ), in so far as such charges are in respect of the dwelling which a person occupies as his home; working tax credit means a working tax credit under section 10 of the Tax Credits Act 2002( b ); young person means a person who falls within the definition of qualifying young person in section 142 of the SSCBA( c ). (2) In this scheme, where an amount is to be rounded to the nearest penny, a fraction of a penny must be disregarded if it is less than half a penny and must otherwise be treated as a whole penny. (3) For the purpose of this scheme, a person is on an income-based jobseeker s allowance on any day in respect of which an income-based jobseeker s allowance is payable to him and on any day (a) in respect of which he satisfies the conditions for entitlement to an income-based jobseeker s allowance but where the allowance is not paid because of a reduction in accordance with section 19 or 19A or regulations made under section 17A or 19B of the Jobseekers Act 1995( d ) (circumstances in which a jobseeker s allowance is not payable); (b) which is a waiting day for the purposes of paragraph 4 of Schedule 1 to that Act and which falls immediately before a day in respect of which an income-based jobseeker s allowance is payable to him or would be payable to him but for section 19 or 19A or regulations made under section 17A or 19B of that Act; or (c) in respect of which an income-based jobseeker s allowance would be payable but for a restriction imposed pursuant to section 6B, 7, 8 or 9 of the Social Security Fraud Act 2001( e ) (loss of benefit provisions). (4) For the purposes of this scheme, a person is on an income-related employment and support allowance on any day in respect of which an income-related employment and support allowance is payable to him and on any day (a) in respect of which he satisfies the conditions for entitlement to an income-related employment and support allowance but where the allowance is not paid in accordance with section 18 of the Welfare Reform Act 2007( f ) (disqualification); or a 2002 asp 3; section 29A was substituted together with sections 29B to 29G for section 29 as originally enacted by section 21 of the Water Services etc. (Scotland) Act 2005 (asp 3). b 2002 c.21. c Section 142 was amended by section 1 of the Child Benefit Act 2005 (c.6). d 1995 c.18; section 19 (together with sections 19A to 19C), has been substituted by section 46 of the Welfare Reform Act 2012 (c.5) but that amendment is not yet in force (sections 19A to 19C are however); section 17A has been repealed by Part 4 of Schedule 14 to that Act although that provision is not yet in force. In the meantime amendments have been made to section 17A by sections 48 and 59 of, and Schedules 7 and 14 to, the 2012 Act. e 2001 c.11; section 6B was amended by sections 9, 24 and 58 of, and paragraphs 9 and 10 of Schedule 2 and Part 1 of Schedule 7 to, the Welfare Reform Act 2009 (c.24); sections 31, 113, 118, 119, 121 and 147 of, paragraphs 56 and 58 of Schedule 2, paragraphs 15 and 16 of Schedule 3, Parts 1 and 12 of Schedule 14, to the Welfare Reform Act 2012 (c.5), of which only those made by section 113 (to subsection (1)(b)) are in force. Section 7 was amended by section 14 of, and Part 3 of Schedule 3 to, the State Pension Credit Act 2002 (c.16); sections 28 and 49 of, and paragraph 23 of Schedule 3 to, the Welfare Reform Act 2007 (c.5); sections 9, 24 and 58 of, and paragraphs 9 and 11 of Schedule 2, Part 1 of Schedule 4 and Part 1 of Schedule 7 to, the Welfare Reform Act 2009 (of which those made by sections 9, 31 and Schedule 7 are not yet in force); S.I. 2011/2298; sections 31, 118, 119 and 147 of, and paragraphs 56 and 59 of Schedule 2, paragraphs 15 and 17 of Schedule 3 and Part 1 of Schedule 14 to, the Welfare Reform Act 2012, none of which are yet in force. Section 8 has been repealed by section 147 of, and Part 1 of Schedule 14, to the Welfare Reform Act 2012, but that repeal is not yet in force. Amendments have also been made by sections 1, 24, and 58 of, and Part 1 of Schedule 4 and Part 3 of Schedule 7 to, the Welfare Reform Act 2009; sections 31, 48, 113 and 147 of, and paragraphs 56 and 60 of Schedule 2, paragraph 12 of Schedule 7 and Part 12 of Schedule 14 to, the Welfare Reform Act 2012, of which only those made by section 113 are in force. Section 9 was amended by section 14 of, and Part 3 of Schedule 2 to, the State Pension Credit Act 2002; sections 28 of, and paragraph 23 of Schedule 3 to, the Welfare Reform Act 2007; sections 9 and 58 of, and Part 1 of Schedule 7 to, the Welfare Reform Act 2009, none of which are in force; sections 31, 113 and 147 of, and paragraphs 56 and 61 of Schedule 2 and Part 1 of Schedule 14 to, the Welfare Reform Act 2012, of which only those made by section 113 are in force. f 2007 c.5. 16
(b) which is a waiting day for the purposes of paragraph 2 of Schedule 2 to that Act (employment and support allowance: supplementary provisions) and which falls immediately before a day in respect of which an income-related employment and support allowance is payable to him or would be payable to him but for section 18 of that Act. (5) For the purposes of this scheme, two persons must be taken to be estranged only if their estrangement constitutes a breakdown of the relationship between them. (6) In this scheme, references to any person in receipt of state pension credit includes a person who would be in receipt of state pension credit but for regulation 13 of the State Pension Credit Regulations 2002( a ) (small amounts of state pension credit). (7) References in these Regulations to an applicant participating as a service user are to (a) a person who is being consulted by or on behalf of (i) a body which has a statutory duty to provide services in the field of health, social care or social housing; or (ii) a body which conducts research or undertakes monitoring for the purpose of planning or improving such services, in their capacity as a user, potential user, carer of a user or person otherwise affected by the provision of those services; or (aa) a person who is being consulted by or on behalf of (i) the Secretary of State in relation to any of the Secretary of State s functions in the field of social security or child support or under section 2 of the Employment and Training Act 1973(b); or (ii) a body which conducts research or undertakes monitoring for the purpose of planning or improving such functions, in their capacity as a person affected or potentially affected by the exercise of those functions or the carer of such a person; (b) the carer of a person consulted as described in sub-paragraph (a) or (aa) where the carer is not being consulted as described in that sub-paragraph. Application of scheme: pensioners and persons who are not pensioners 3. (1) This scheme applies to (a) pensioners who fall within any of classes A to C( b ); and (b) persons who are not pensioners who fall within any of classes A to F( c ). (2) ) In this scheme (a) a person is a pensioner if (i) he has attained the qualifying age for state pension credit; and (ii) he is not and,, if he has a partner, his partner is not (aa) a person on income support, on an income-based jobseeker s allowance or on an incomerelated employment and support allowance, or (bb) a person with an award of universal credit; and (b) a person is a person who is not a pensioner if (i) he has not attained the qualifying age for state pension credit; or (ii) he has attained the qualifying age for state pension credit and he, or if he has a partner, his partner, is a S.I. 2002/1792. (aa) a person on income support, on an income-based jobseeker s allowance or on an incomerelated employment and support allowance, or (bb) a person with an award of universal credit. b 1973 c.50. Section 2 was substituted by section 25(1) of the Employment Act 1988 (c.19) c See paragraphs 13 to 15 of this scheme. d See paragraphs 13 to 18 of this scheme. 17
Meaning of couple 4. (1) In this scheme couple means (a) a man and woman who are married to each other and are members of the same household; (b) ) a man and woman who are not married to each other but are living together as husband and wife; (c) two people of the same sex who are civil partners of each other and are members of the same household; or (d) two people of the same sex who are not civil partners of each other but are living together as if they were civil partners. (2) Two people of the same sex are to be treated as living together as if they were civil partners if, and only if, they would be treated as living together as husband and wife were they of opposite sexes. Polygamous marriages 5. (1) This paragraph applies to any case where (a) a person is a husband or wife by virtue of a marriage entered into under a law which permits polygamy; and (b) either party to the marriage has for the time being any spouse additional to the other party. (2) For the purposes of paragraph 4 (meaning of couple ) neither party to the marriage is to be taken to be a member of a couple. Meaning of family 6. (1) In this scheme family means (a) a couple; (b) a couple and a member of the same household for whom one of them is or both are responsible and who is a child or a young person; or (c) a person who is not a member of a couple and a member of the same household for whom that person is responsible and who is a child or a young person. (2) The references to a child or young person in sub-paragraph (1)(b) and (c) include a child or young person in respect of whom section 145A of the SSCBA( a ) applies for the purposes of entitlement to child benefit, but only for the period prescribed under section 145A(1). (3) The references to a young person in sub-paragraph (1)(b) and (c) do not include a young person who is (a) on income support, an income-based jobseeker s allowance or an income-related employment and support allowance, or has an award of universal credit; (b) a person to whom section 6 of the Children (Leaving Care) Act 2000( b ) (exclusion from benefits) applies; or (c) entitled to an award of universal credit. Circumstances in which a person is to be treated as responsible or not responsible for another 7. (1) A person is to be treated as responsible for a child or young person who is normally living with him, including a child or young person to whom paragraph 6(2) applies. (2) Where a child or young person spends equal amounts of time in different households, or where there is a question as to which household he is living in, the child or young person must be treated for the purposes of sub-paragraph (1) as normally living with (a) the person who is receiving child benefit in respect of that child or young person, or (b) ) if there is no such person a Section 145A inserted by the Tax Credits Act 2002 (c.21), section 55(1). b 2000 c.35. 18
(i) where only one claim for child benefit has been made in respect of him, the person who made that claim, or (ii) any other case the person who has the primary responsibility for him. (3) For the purposes of this scheme a child or young person is the responsibility of only one person in any reduction week and any person other than the one treated as responsible for the child or young person under this paragraph is to be treated as not so responsible. Households 8. (1) Subject to sub-paragraphs (2) and (3), an applicant and any partner and, where the applicant or his partner is treated (by virtue of paragraph 7) as responsible for a child or young person, that child or young person and any child of that child or young person, are to be treated as members of the same household notwithstanding that any of them is temporarily absent from that household. (2) ) A child or young person is not be treated as a member of the applicant s household where he is (a) placed with the applicant or his partner by a local authority under section 22C or 23(2)(a) of the Children Act 1989( a ) or by a voluntary organisation under section 59(1)(a) of that Act, or in Scotland boarded out or placed with the applicant or his partner under a relevant enactment; or (b) placed, or in Scotland boarded out, with the applicant or his partner prior to adoption; or (c) placed for adoption with the applicant or his partner in accordance with the Adoption and Children Act 2002( b ) or the Adoption Agencies (Scotland) Regulations 2009( c ) or the Adoption (Northern Ireland) Order 1987( d ). (3) Subject to sub-paragraph (4), sub-paragraph (1) does not apply to a child or young person who is not living with the applicant and who (a) is being looked after by, or in Scotland is in the care of, a local authority under a relevant enactment; or (b) has been placed, or in Scotland boarded out, with a person other than the applicant prior to adoption; or (c) has been placed for adoption in accordance with the Adoption and Children Act 2002 or the Adoption Agencies (Scotland) Regulations 2009. (4) The authority must treat a child or young person to whom sub-paragraph (3)(a) applies as being a member of the applicant s household in any reduction week where (a) that child or young person lives with the applicant for part or all of that reduction week; and (b) the authority considers that it is reasonable to do so taking into account the nature and frequency of that child s or young person s visits. (5) ) In this paragraph relevant enactment means (a) the Army Act 1955( e ); (b) ) the Air Force Act 1955( f ); (c) the Naval Discipline Act 1957( g ); (d) ) the Matrimonial Proceedings (Children) Act 1958( h ); (e) the Social Work (Scotland) Act 1968( i ); a 1989 c.41; section 23 was substituted by sections 22A to 22F by section 8(1) of the Children and Young Persons Act 2008 (c.23). Section 22C is in force in England but not yet in force in Wales. Section 59(1)(a) was amended by section 49 of the Children Act 2004 (c.31) and paragraph 2 of Schedule 1 to the Children and Young Persons Act 2008. b 2002 c.38. c S.I. 2009/154. d S.I. 1987/2203 (N.I. 22). e 1955 c.18. f 1955 c.19. g 1957 c.53. h 1958 c.40. i 1968 c.49. 19
(f) the Family Law Reform Act 1969( a ); (g) the Children and Young Persons Act 1969( b ); (h) ) the Matrimonial Causes Act 1973( c ); (i) the Children Act 1975( d ); (j) the Domestic Proceedings and Magistrates Courts Act 1978( e ); (k) the Adoption and Children (Scotland) Act 2007( f ); (l) the Family Law Act 1986( g ); (m) the Children Act 1989; (n) ) the Children (Scotland) Act 1995( h ); (na) the Children s Hearings (Scotland) Act 2011 ( i ); and (o) the Legal Aid, Sentencing and Punishment of Offenders Act 2012( j ). Non-dependants 9. (1) In this scheme, non-dependant means any person, except someone to whom subparagraph (2) applies, who normally resides with an applicant or with whom an applicant normally resides. (2) This paragraph applies to (a) any member of the applicant s family; (b) ) if the applicant is polygamously married (i) where the applicant has (alone or jointly with his partner) an award of universal credit, any (aa) party to such a marriage other than the applicant s partner; and (bb) any child or young person who is a member of his household and for whom he or his partner or another party to the polygamous marriage is responsible; or (ii) in any other case, any partner of his and any child or young person who is a member of his household and for whom he or one of his partners is responsible; (c) a child or young person who is living with the applicant but who is not a member of his household by virtue of paragraph 8 (households); (d) subject to sub-paragraph (3), any person who, with the applicant, is jointly and severally liable to pay council tax in respect of a dwelling for any day under section 6 or 7 of the 1992 Act (persons liable to pay council tax); (e) subject to sub-paragraph (3), any person who is liable to make payments on a commercial basis to the applicant or the applicant s partner in respect of the occupation of the dwelling; (f) a person who lives with the applicant in order to care for him or a partner of his and who is engaged by a charitable or voluntary organisation which makes a charge to the applicant or his partner for the services provided by that person. (3) Excepting persons to whom sub-paragraph (2)(a) to (c) and (f) refer, a person to whom any of the following paragraphs applies is a non-dependant (a) a person who resides with the person to whom he is liable to make payments in respect of the dwelling and either (i) that person is a close relative of his or his partner; or a 1969 c.46. b 1969 c.54. c 1973 c.18. d 1975 c.72; this Act was repealed in respect of England and Wales by Schedule 15 to the Children Act 1989 (c.41). It continues to have effect in Scotland. e 1978 c.22. f 2007 asp 4. g 1986 c.55 h 1995 c.36. i 1995 c.36.2011 asp 1. j 2012 c.10. 20